Under Section 96 of the Constitution Act, 1867, the federal government appoints judges to provincial superior courts, even though provinces are responsible for administering those courts. Alberta’s motion calls for that framework to be amended so the province has a formal role in selecting judges who serve Albertans.
The motion, if passed by the legislature, will call for amendments to Canada’s Constitution. Any change would require approval by Parliament. Alberta is calling on all parties in Parliament to support the introduction and passage of the required constitutional amendment.
Under the proposed approach, appointments to Alberta’s superior courts would be made from candidates recommended and approved by Alberta, giving the province a direct role in the selection process. This approach protects judicial independence and strengthens Alberta’s role in the administration of justice while ensuring a clear provincial voice in judicial appointments.
“Alberta is responsible for how justice is delivered in this province but does not have a direct role in appointing superior court judges. Those courts serve Albertans every day, and the province that administers that system should have a role in who is appointed to it. This motion addresses that gap, strengthens public confidence and ensures Alberta has a clear role in how justice is delivered in this province.”
Canada is an outlier among federal systems, where comparable countries give state or provincial governments a direct role in judicial appointments. Currently judicial appointments are made through judicial advisory committees, which assess and screen applicants and provide non-binding recommendations to the federal government. The current process does not give provincial governments a meaningful say in appointing justices.
“Provinces need a direct voice in deciding who is best suited to sit on their courts. This approach will bring greater balance to how judicial appointments are made and support a more transparent and accountable process while reinforcing judicial independence.”
Alberta Premier Danielle Smith, along with Ontario Premier Doug Ford, Quebec Premier François Legault and Saskatchewan Premier Scott Moe wrote a joint letter to Prime Minister Mark Carney calling for a meaningful and collaborative process to choose judges for superior courts, courts of appeal and the Supreme Court of Canada.
This initiative builds on feedback from the Alberta Next Panel, where Albertans called for a stronger provincial role in judicial appointments to ensure the courts reflect the distinct needs of Alberta’s communities.
Quick facts
- The Governor General has the power to appoint judges to the superior courts of Alberta, under Section 96 of the Constitution Act, 1867.
- If passed, the motion would request a constitutional amendment. Any such amendment would require approval by the Legislative Assembly of Alberta and Parliament before being proclaimed into law.
- Currently superior court judicial appointments are made through judicial advisory committees, which assess and screen applicants and provide non-binding recommendations to the federal government.
Related information
Related news
- Provinces unite to reform judicial appointments (March 24, 2026)
- Federal judicial appointments in Alberta: Premier Smith and Minister Amery (Feb. 3, 2026)